Change Of The Goods Transport Law 1995 - Gütbefg, Of The Occasional Service Act 1996 - Gelverkg And The Force Driving Line Law - Kflg

Original Language Title: Änderung des Güterbeförderungsgesetzes 1995 – GütbefG, des Gelegenheitsverkehrs-Gesetzes 1996 – GelverkG und des Kraftfahrliniengesetzes – KflG

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_32/BGBLA_2013_I_32.html

32. Federal law, with which the goods transport law 1995 - GütbefG, the occasional Service Act 1996 - GelverkG and the force driving line law - change KflG

The National Council has decided:

Article 1

Change of the goods transport law 1995 - GütbefG

The goods transport law 1995, BGBl. No. 593, last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. paragraph 1 section 1:

"(1) this Federal Act shall apply to 1 the commercial carriage of goods in motor vehicles of the road traffic or those with trailers, where the highest permissible weight a total sum exceeds 3 500 kg, by carrier, 2. the transport with such vehicles as well as 3 the working time of self-employed drivers in the commercial transport of goods with such vehicles."

It does not apply to carriage services, on which the Gewerbeordnung 1994 (GewO 1994), BGBl. No. 194, according to its article 2, paragraph 1 not to apply Z 2."

2. paragraph 2 subsection 4:

"(4) a person who wants to pursue a business referred to in paragraph 2, has an application for a concession to the authority which is responsible for the intended site to introduce. The documents referred to in section 339 subsection 3 connected the application Z in 1994 and the evidence of the licensing requirements in accordance with to § 5 1 to 3 GewO. "The deadline for the processing of the application for granting a concession General Administrative Procedure Act 1991, BGBl.Nr 51, with the proviso that all necessary documents to the authority have arrived from the date on which a period of three months in accordance with article 11 according to § 73 para 3 Regulation (EC) No. 1071/09 must not be exceeded."

3. paragraph 3 paragraph 2a:

"(2a) is the concession-holder of less motor vehicles, are covered by the scope of the licence, so this no approval needed. However, the financial capacity is as long as no corresponding change of the scope of the licence is requested, continue to prove to the extent indicated in the licence. Restricting the scope of the licence, the surplus are, pursuant to Regulation (EC) No. 1072 / 09 issued certified true copies of the Community licence and copies issued in accordance with article 3, paragraph 1 of the concession certificate or certified extracts from the commercial register immediately to the concession authority to submit."

4. paragraph 4 No. 1: "1. for the carriage of postal items in the scope of the universal service;"

5. paragraph 5 paragraph 1:

"(1) the licence may only be issued if in addition to the General prerequisites for the exercise of a regulated profession following requirements in accordance with article 3 Regulation (EC) No. 1071/09 met: 1 the reliability, 2. financial capacity, 3. professional competence (qualification) and 4 a real and permanent establishment in Austria."

The applicant has also according to the intended scope of the licence (section 3), in the envisaged location municipality or another community in the same or an adjacent County the required parking spaces outside of roads by public transport to have. All prerequisites must be during the entire duration of the commercial practice. These conditions are no longer fulfilled by the trader, the concession avoiding is so. The §§ 87 to 91 GewO 1994 remain unaffected. The competent Division of the provincial Chamber of Commerce is to urge before the granting of the licence, to give an opinion on the question of the efficiency of the operation."

6 paragraph 5 paragraph 1a to 6:

(1a) that the conditions in paragraph 1 are every five years from a licence to prove the authority competent for the granting of the concession. Checks in the context of the issue of a Community licence in accordance with article 6 in conjunction with article 4 of Regulation (EC) no 1072/09 apply as a review of the conditions referred to in paragraph 1 Z 1 to 4.

(2) the reliability is, apart from the in article 6 paragraph 1 Regulation (EC) no 1071/09 cases, in particular then not given, if 1 the applicant, the party entitled to trade or the Transport Manager by a court, was sentenced to imprisonment exceeding three months or to a fine of more than 180 daily rates as long as the conviction is expunged, nor is subject to the restriction of information extracted from criminal records (sections 1 to 6 eradication Act 1972 , BGBl. No. 68), or 2. the authorisation to engage in the goods transport sector legally deprived the applicant, to the business owner or the Transport Manager due to the rules in force, or 3 the applicant, the legitimate commercial or the traffic controllers because of serious offences against the rules about a) for the profession of applicable pay and working conditions, or b) the transport of goods, in particular driving and rest periods of the handlebar , the weights and dimensions of motor vehicles, the safety in road transport and motor vehicles and environmental protection, as well as the regulations on the professional obligations, was legally punished.

(3) the financial capacity in accordance with article 7 of Regulation (EC) No. 1071/09 is given, if the necessary financial resources are available for proper operation and management of the company and are no significant residue of taxes or social security contributions owed from entrepreneurial activity.

(4) the condition of professional competence (qualification) is proved by a certificate in accordance with annex III to Regulation (EC) no 1071/09 about the successful passing of an examination before a Committee, by the Governor / is appointed by the Governor. The design of the certificate (security features) is through regulation the Minister / the Federal Ministry of transport, to define innovation and technology. The § § 1994, 18 and 19 GewO are not applicable.

(5) the examination boards are of the Governor / to be appointed by the Governor. In these commissions, the Governor / the Governor has two people who exert the industry concerned as a business owner or tenant for at least three years without interruption or in this industry as Managing Director, ebensolange without interruption are Filialgeschäftsführer or transport Manager Active, to rely on the basis of a proposal from the competent professional group. In the commissions are also taking into account the subjects of the examination two more experts to rely; the appeal of one of these professionals is of the Governor / made by the Governor on the basis of a proposal from the competent Chamber of labour. Proposals not filed within a period of four weeks, the Governor the Governor has to undertake the respective appeal after consulting the defaulting authority. To the Chairman of the Commission, the Governor / the Governor has to appoint a suitable public servants of the higher service for this task.

(6) the Federal Minister / the Federal Minister for transport, innovation and technology has usually demands, threats to life, health or property, arising from the exercise of commercial, on the special legislation applicable to the exercise of trade through regulation 1, taking into consideration on the respective State of development of the concerned industry by persons who use the services of the industry claim.
              the shape and duration of the test, 2. the requirements of the examiner, 3. further provisions concerning the timing of appointments, 4. the certificates to be issued to para 4, 5. more detailed provisions on the repetition of the exam, 6 ensure the University, College and trade school diplomas and other certificates, the thorough knowledge of the subjects in the categories set out in annex I of to Regulation (EC) No. 1071/09 ", 7 to be paid from the DUT, corresponding to special administrative expenses including reasonable compensation of the members of the examination Board Exam fee, but also on the economic circumstances of the DUT can be taken into consideration, 8 from examination fees to be paid adequate compensation of the members of the examination Board, as well as 9 to set the requirement for the reimbursement of the examination fee not passing or partial passing of the examination as well as the back zuzahlenden examination fee."

7 paragraph 5a along with heading:

"Transport Manager


§ 5a. (1) for each company, a Transport Manager to the licence-issuing authority is appointed. The naming decision by the concession authority is the person fulfils the conditions referred to in article 4 of Regulation (EC) No. 1071/09, to approve. If another person as a Transport Manager is named, an individual obtained a licence in accordance with section 5, is regarded as transport Manager; is a company order a trade Managing Director according to § 39 1994 administrative decision approved GewO by the authority, as it applies at least as transport Manager; a permit approval is not required in these cases. The inclusion of commercial exercise without transport Manager is not permitted.

(2) is found, that an entrepreneur or a CEO, who is also head of traffic, reliability no longer exists, anyway, in accordance with article 14 of Regulation (EC) No. 1071/09 decision to pronounce, that person is unfit to manage the transport activities of an enterprise.

(3) Transport Manager must be by the licence-issuing authority in the transport business register pursuant to § 24a 3 Z 3.

(4) the provisions of article 13 paragraph 1 lit. No 1071/09 apply (a) Regulation (EC) without prejudice to the provisions of §§ 41 to 45 GewO 1994 Fort operating rights."

8 paragraph 6 section 4:

"(4) used vehicles pursuant to section 3 para 3 for the commercial carriage of goods or for the transport, are to carry the following documents in the motor vehicle and handed over to the supervisory bodies upon request: 1. contract for the rental of the vehicle from which emerge the name of the lessor, the name of the lessee, the date and the duration of the contract and the identification of the motor vehicle;"

2. unless the bar not the tenant, employment contract of the arm, emerge from which the name of the employer, the name of the worker, the date and the duration of the employment contract or a confirmation of the employer with the content."

9 paragraph 7 para 1 to 3:

(1) that are commercial carriage of goods in motor vehicles by places that lie in the Federal territory, or through the Federal territory, or except holders of concessions pursuant to article 2 allows also entrepreneurs from within the Federal territory places in that is foreign, who are authorised according to the regulations for the carriage of goods in motor vehicles in the State of the location of the company outside the Federal territory and owner of one of the following permissions : 1 Community authorisation in accordance with Regulation (EC) no 1072/09, 2. approval as a result of the resolution of the Council of the European Conference of Ministers of transport (ECMT) of 14 June 1973, 3. approval of the Federal Minister / the Federal Minister for transport, consent to, through or from Austria, 4 under intergovernmental agreements awarded innovation and technology for the Transport Minister of the Federal Ministry of transport, innovation and technology.

Such permission is not required, however, if a contrary order is issued pursuant to paragraph 4.

(2) the commercial carriage of goods, their loading and unloading point within Austria is located, is by road hauliers established in a foreign country (cabotage) - except for those in article 8 paragraph 1, 5 and 6 Regulation (EC) 1072/09 road hauliers referred to - forbidden No.; She is only allowed 1 and 2 within the framework of the pre-or postprocessing in international combined transport with a motor vehicle registered in an EEA State if a relevant agreement with the State in which the contractor is established, by Decree of the Federal Minister / the Federal Minister for transport, innovation and technology is to set conditions under which cross-border transport and what evidence to carry are.

(3) the Federal Minister / the Federal Minister for transport, innovation and technology be cabotage agreements with third countries on the basis of this Federal Act, if there is reciprocity for Austrian entrepreneurs in the State concerned and do not preclude the transport policy and economic interests. "The Federal Minister of the Federal Ministry of transport, innovation and technology has by regulation to set: 1 States, which comprised cabotage arrangements, 2. the conditions under which cabotage must be carried, 3. the obligations of the contractor and the Steering personnel and 4 any reporting requirements of the authorities."

10. in article 7, the following paragraph 5 is inserted:

"(5) the Federal Minister / the Federal Minister for transport, innovation and technology has by regulation to set further provisions with regard to the necessary and proper collection of rides in the record books as defined in annex 7 of the Handbook of the European Conference of Ministers of transport."

11. According to article 7, following new sections 7a and 7B and headings shall be inserted:

"Community licence

Section 7a. (1) the Community licence pursuant to § 7 para 1 No. 1 and the certified true copies conform to the model in annex II of to Regulation (EC) no 1072/09. The design of the Community licence (security features) is through regulation the Minister / the Federal Ministry of transport, to define innovation and technology.

(2) the Community licence is issued for the duration of five years.

(3) the serial number of the Community licence and the certified true copies to enter are pursuant to § 24a 3 in the transport business register, must consist of Latin letters and Arabic numerals. Serial number must begin with the letters "AT", then a hyphen followed by one or two letters as the name of the authority issuing the Community licence or the certified copy. A hyphen, the letter "G", a hyphen, the last two digits of the year of the year of issue of the Community licence, a further hyphen and then a sequential number of the issue, have related to the name of the authority on the year of issue to follow as a four-digit number; in the case of a certified copy, the number of the copy as a four-digit number is to add in addition after a further hyphen. Spaces in the serial number are not allowed; the output numbers and the numbers of copies are run according to the pattern of "0001" to "9999".

(4) as the name of the Authority (para. 2), the following letters are to use: - for the Governor the Governor of Burgenland: B - for the Governor the Governor of Carinthia: K - for the Governor the Governor of lower Austria: N - for the Governor, the Landeshauptmann of Upper Austria: O - for the Governor the Governor of Salzburg: S - for the Governor the Governor of Styria: ST - for the Governor the Governor of Tyrol : T - for the Governor the Governor of Vorarlberg: V - for the Governor the Governor of Vienna: W. (5) in section 3 controlled case, the community license and all copies immediately to the concession authority are para 2a to give up if 1 the business permission according to § 85 GewO 1994 ends or 2. the concession due to failure to comply with the licensing requirements pursuant to § 5 para 1 is withdrawn.

Driver attestation

§ 7 b. (1) the driver's certificate matches the pattern in annex III to Regulation (EC) no 1072/09. The design of the driver attestation (security features) is through regulation the Minister / the Federal Ministry of transport, to define innovation and technology.

(2) the driver's certificate is issued for the duration of five years.

"(3) the conditions are for issuing the attestation referred to in article 5 paragraph 1 Regulation (EC) no more before, is no. 1072/09 the attestation of the issuing authority to reimburse."

12 paragraph 10 section 1:

"(1) transport exists if the following requirements are met: 1 the goods have to property of the company or by him sold, bought, rented, leased, produces, won, edited or patched are or have been."

2. carriage must be carting the goods to the company, their Fortschaffung by the company, their transfer within or - for personal use - outside of the company.

3. the motor vehicles used for the transport must be carried by personnel that is employed at the company or in the framework of a contractual obligation has been provided him.

4. the motor vehicles transported the goods must belong to the company, he be bought on hire-purchase or be hired. This does not apply when use of a replacement vehicle during a short breakdown of the vehicle normally used.

5. the transport may represent only an ancillary part of the entire activity of the company."

12A. 18 the following paragraph shall be inserted after article 17:

"section 18. Do not apply to the carriage of postal items. the provisions of sections 12 to 17"

13 paragraph 19 para 4 and 5:

"(4) driver training certificates are valid: 1."

by the competent authority of a Member State in addition to the vehicle class in driving privileges made registration of the corresponding harmonised Community codes in accordance with the list of in annexes I and IA of to Directive 91/439/EEC, or 2. a driver qualification certificate issued by the competent authority of a Member State according to the model in annex II of Directive 2003/59/EC or 3rd one by the competent authority of a Member State made an entry in one of Regulation (EC) No. 1072 / 09 issued attestation.

(5) for handlebar listed in § 19 c, a driver qualification certificate for a period of five years is to exhibit if a proof of a qualification or training is presented by the authority. The Federal Minister / the Federal Minister for transport, innovation and technology is shaped by regulation, to assess the content and the approach to the exhibition of the driver qualification proof."

14 paragraph 20 paragraph 2:

"(2) licences for cross-border freight (§ 2 para. 2 No. 2) granted the Governor / the Governor." "Community licences and driver attestations pursuant to Regulation (EC) no 1072/09 are by the Governor / issued by the Governor."

15 paragraph 20 paragraph 5:

"(5) the licence-issuing authority is also responsible for: 1. the licence revocation procedures;"

2. the approval and the revocation of appointment of a Managing Director;

3. the approval and revocation of the order of Filialgeschäftsführers for the practice of the trade in a more permanent establishment;

4. the revocation of the transfer of the exercise of a trade at a tenant;

5. the enforcement of sections 46 to 48 of the GewO 1994;

6. the recovery of the Community licence and the driver attestation, by means of communication pursuant to article 7 of Regulation (EC) no 1072/09;

7 the following measures regarding the Transport Manager: a) the approval of the naming of a transport manager pursuant to article 5 (a);

(b) the review in accordance with article 11 Regulation (EC) no 1071/09, if a Transport Manager, if doubts about the reliability of a company, was at the time the application in a Member State declared unsuitable.

(c) the Declaration referred to in article 14 Regulation (EC) no 1071/09, that a Transport Manager is not suitable, the transport activities of an organization to conduct;

8. the registration of the relevant data in the transport business register according to § 24a, and their correction, transfer and deletion;

9. the message to the Federal Ministry for transport, innovation and technology in accordance with article 26 paragraph 1 lit. b and c Regulation (EC) no 1071/09 and in accordance with article 17 para 1 and 2 Regulation (EC) no 1072/09 on a) the number of granted, suspended and withdrawn goods transport licences, as well as the indication of the reasons which have led to this decision, broken down by year and type, b) the number of announcements that a Transport Manager is unfit to manage the transport activities of an enterprise, as well as specifying the reasons , which have led to this decision, broken down by year and type, c) the number of certificates of professional competence, d granted each year) the number of as of 31 December of the preceding year in circulation the Community licence and the certified copies every two years, starting with 1, where the message must be received and released of the following year in the Federal Ministry for transport, innovation and technology (, und e) the number of issued in the previous year and on December 31 of the previous year in circulation driver credentials, where the message must be received and released of the following year in the Federal Ministry for transport, innovation and technology. "

16 paragraph 22:

"§ 22. About article 24 Regulation (EC) Regulation (EC) No. 1072 / 09 beyond the mutual administrative and mutual legal assistance agreement remain upright no 1071/09 and article 11."

17 paragraph 23 par. 1 to 4:

"(1) except in accordance with the V. commits an administrative offence, which fined be punished up to 7 267 euros, it is who as contractor 1 increased the number of cars without permission according to § 3 para 2; showpiece of the GewO 1994 to committed administrative offences

2. § contravenes 6 para 1 or 2;

3. transport operations in accordance with §§ 7-9 without this permission does or does not comply with instructions or prohibitions of intergovernmental agreements;

4. § 11 contravenes;

5. in accordance with § 12 fixed tariffs does not comply;

6 § contravenes 9 para 1 or 3;

7 other than she does not comply these instructions or prohibitions of this Federal Act or of the regulations adopted on the basis of this federal law in Z 1 to 6;

8. do not ensure be accompanied in accordance with Regulation (EC) No. 1072 / 09 community the required licenses or driver attestations;

9 provisions of Regulation (EC) no 1071/09 and the Regulation (EC) No. 1072/09 injured;

10 Ecotag programmed a by an agent authorized in accordance with section 9, paragraph 9 used.

(2) an administrative offence commits, which is punishable up to 726 euro who contravenes section 6 subsection 3 or 4 as handlebars 1; with a fine

2. § contravenes 9 para 2;

3. other than it does not comply 1 and 2 instructions referred to or prohibitions of the Federal Act or of the regulations adopted on the basis of this federal law in Z;

4. an in accordance with the Regulation (EC) No. 1072 / 09 required Community licence and driver attestation not carries or not has the control bodies upon request;

5. other provisions laid down in Regulation (EC) no 1071/09 or regulation (EC) No. of 1072/09 or other directly applicable European Union rules on freight traffic on the road injured, if this not is punishable under other provisions.

(3) criminal offence referred to in paragraph 1, no. 3, no. 6, or Z 8 even if he violates the obligations referred to in paragraphs 7 to 9 or / 09 normalized do in Regulation (EC) No. 1072's and don'ts from abroad is an entrepreneur. Jurisdiction case is the authority in whose area the handlebars during a roadside check will enter, otherwise the authority in whose area was crossing the border in the Federal territory. The downfall also represents a most serious violation referred to in annex IV of to Regulation (EC) no 1071/09, is to inform the competent authority of the Member State of establishment.

(4) in the case of administrative offences pursuant to par. 1 Z 1 and 2 and Z 5-7 has to be fine at least 363 euros. For administrative offences pursuant to par. 1 Z 3 and Z 8 to 10, as well as for administrative offences pursuant to section 366 para 1 subpara 1 of the GewO 1994 has the fine at least 1 453 euro to be."

18 section 23 be added following paragraph 8 and 9:

"(8) who as a self-employed driver 1 the maximum weekly working time in accordance with section 24 exceeds c, 2. that does not comply with prescribed rest periods according to § 24 d, 3 days, where he does a night job, exceeds the working day permitted pursuant to section 24e para 1 or 4. compensates for night work not in accordance with section 24e para 2, commits an administrative offence and is fined from 72 euro to 1 815" , to punish 1 815 euro in case of repetition of 145 euro.

(9) who hurt the recording or retention obligation as a self-employed driver in accordance with § 24f, commits an administrative offence and is fined 72 euros up to EUR 1 000 in case of repetition of 145 euros up to EUR 1 500 to punish."

19 section VIII is section named "X", and section VII the following new sections are inserted after VIII and IX along with headings:

"SECTION VIII

Acquisition of transport companies

Transport business register

§ 24a. (1) the Federal Minister / the Federal Minister for transport, innovation and technology has an automation-supported central transport business register in accordance with article 16 Regulation (EC) to lead No. 1071/09 Federal Data Center GmbH. The freight carriers licensed in the country are recorded in the register. The register is kept for the storage of data, which are necessary to determine which goods transport companies about have a concession, which were ordered Transport Manager or legal representative for this company, about what kind of licence, these companies have for what number of motor vehicles, the licence was granted, where appropriate, the serial number of the Community licence and 4 Regulation (EC) of certified copies in accordance with article no. 1072 / 09 the number is in the registry , Category and type of serious infringements pursuant to § 5 para 2 No. 3 and the names of the persons declared to be unfit, the transport activities of an organization to lead, to capture.

(2) who have authority and the administrative penalty authorities according to § 21 according to § 20 paragraph 5 to submit the required data online through a secure data connection to Federal Data Center GmbH.

(3) the following data must be in accordance with article 16 para 2 No. 1071/09 in the transport business register Regulation (EC): 1. the name and legal form of the company;

2. the address of the establishment;

3.

Names of the transport managers designated to meet the requirements in terms of reliability and professional suitability, or a legal representative, if any;

4. type of concession and number of vehicles for which the concession was granted and, where appropriate, number of the Community licence and the certified copies;

5. number, category and type of in § 5 para 2 Z 3 serious violations referred to, which in the previous two years to run a final conviction or punishment;

6 names of people who were declared unfit to manage the transport activities of an enterprise, as long as the reliability of the person concerned has not been restored as transport Manager.

(4) the authorities according to § 20 paragraph 5 can access the respectively relevant data and use them. The transport business register has to carry out a complete logging of all data queries, from the visible, what data from the business register of the traffic transmitted what person. This log data is to store and three years after the creation of the data to delete.

(5) in addition to the data referred to in paragraph 3 the following data in the transport business register have to be: 1. for natural persons date of birth;

2. number, date and country of issue of the certificate of professional competence of the Transport Manager;

3. if applicable, the registration number of the carrier.

(6) information from the register are to provide by way of remote data access: 1 the institutions of federal, the Länder and the municipalities, as far as they need them for the exercise of their legal functions, and 2. the competent authorities of other States, unless such an obligation, arising from this federal law from directly applicable Community law or other intergovernmental agreements.

(7) the data referred to in paragraph 3 are publicly accessible Z 1 to 4.

Section IX

Working time of self-employed drivers

Definitions

section 24 b. For the purposes of this Federal Act 1 self-employed drivers, it means: all persons whose working primarily with Community licence or any other profession-specific transport empowerment professional to transport goods, the) are authorized to work on their own account, b) are bound not by an employment contract or a different hierarchical relationship of dependence on an employer, c) have the necessary free design scope for the exercise of the activity in question , d) whose incomes depend directly on the achieved profits and e) have the freedom, individually or through a cooperation between self-employed drivers to maintain business relations with several customers;

2. workplace: a) the location of the principal place of business of the company for that of self-employed drivers is working, and its various branches, whether they now coincide with its place of business or its principal place of business or not, b) the vehicle used for self-employed drivers work and c) any other place where the activities associated with the movement of the run;

3. working time: the time between beginning and end of the work, in which the self-employed drivers located at his workplace, which is available to customers, and during which he exercises his functions or activities; This includes not general administrative activities that have no direct connection with the currently executing specific transport operation, and the rest periods according to § 24 d;

4 week: the period from Monday 00: 00 to Sunday 24:00;

5. working day: the working hours within a continuous period of twenty-four hours;

6. night time: the time between 00: 00 and 04:00;

7 night work: any work carried out during the night time.

Maximum weekly working time

§ 24c. The average weekly working time of self-employed driver may not exceed 48 hours. The maximum weekly working time may be up to 60 hours if the weekly average does not exceed over a period of six months to 48 hours.

Rest breaks

section 24 d. (1) the working day of a self-employed driver is 1 for a maximum period of between six and nine hours by a break of at least 30 minutes, 2 for a total period of more than nine hours by a break of at least 45 minutes, to interrupt. The rest is to comply not later than after six hours.

(2) the rest period can be divided into several parts by at least 15 minutes.

(3) in the case of Division of the rest period referred to in paragraph 2, the first part is for at least six hours to comply.

Night work

section 24e. (1) the working day of a self-employed driver must not exceed ten hours on days where it is performing night work.

(2) the self-employed drivers has to compensate for night work within 14 days by an extension of a daily or weekly rest period to the extent of the work of the night.

Recording obligations

section 24f. Each independent drivers has to keep a record of the time he has done and to keep them for at least 2 years. These records are prompted no blockage and ordered to date to make the authority."

20 paragraph 25 paragraph 2:

"(2) as far as this federal law No. 1071/09 refers to Regulation (EC), Regulation (EC) is no. of 1071/2009 establishing common rules for admission to the occupation of road transport operator and repealing Directive 96/26/EC of the Council, OJ No. L 300 from November 14, 2009 p. 51 to apply."

21. in article 25 be added following new par. 4 to 6:

"(4) where in this Federal Act No. 1072/09 refers to Regulation (EC), Regulation (EC) is no. 1072/2009 on common rules for access to the market of international road haulage, OJ No. L 300 from November 14, 2009 p. 72, to apply.

(5) as far as the eco-point regulation is referenced in this Federal Act, Regulation (EC) is 3298/94 on procedural details relating to the system of rights of transit (ecopoints) for heavy goods vehicles in transit through Austria, no. justified by article 11 of Protocol No 9 to the Act of accession of Norway, Austria, Finland and Sweden OJ No L 341 of the 30.12.1994 p. 20, as last amended by Regulation (EC) No. 2012/2000, OJ No. L 241 of the 26.09.2000 p. 18, to apply.

(6) as far as this federal law refers the Directive 91/439/EEC, the directive is 91/439/EEC on driving licences, OJ No. L 237 of the 24.08.1991 p. 1, most recently amended by Directive 2009/112/EC, OJ No. L 223 of August 26, 2009 page 26 to apply."

22. in article 26 the following new paragraph is added after paragraph 8 9:

"(9) natural persons to whom a licence pursuant to § 5 was granted before December 4, 2011 considered transport manager within the meaning of article 4 Regulation (EC) no 1071/09. A trade Managing Director in accordance with section 39 order is in a company GewO 1994 at the time of entry into force of this Act, as amended by Federal Law Gazette I no. 32/2013, the authority administrative decision have been approved, so this applies at least as transport Manager. Companies that have no Transport Manager named at the time of entry into force of this Act, must name within one month. a Transport Manager"

23 § 27a Z 1 is: "1. exert Directive 2002/15/EC on the organisation of working time of persons, activities in the area of road transport, OJ" "No. L 80 of the 23.03.2002 S. 35;"

Article 2

Amendment to the occasional Service Act 1996 - GelverkG

The occasional Service Act 1996, BGBl. No. 112, last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. paragraph 1 section 1:

"(1) this Federal Act shall apply to 1 the commercial transport of persons with motor vehicles as well as 2 the working time of self-employed drivers in the commercial transportation of passengers with buses."

"This Act does not apply to the commercial transport of persons in the power line traffic driving due to the combined driving line Act, Federal Law Gazette I no. 203/1999."

2. paragraph 2 subsection 3:

"(3) a person who wants to exercise a trade in accordance with article 3, paragraph 1, has an application for a concession to the authority which is responsible for the intended site to introduce. The documents referred to in section 339 subsection 3 application include Z 1 to 3 GewO 1994 and, the evidence of the licensing requirements pursuant to section 5 to join. "The deadline for the processing of the application for a licence within three months in accordance with article 11 addressed general administrative procedures Act 1991 (AVG), BGBl.Nr 51, with the proviso that all necessary documents to the authority, arrived for the trip car industry from the date on which, the sightseeing industry and the car industry bus according to § 73 para 3 Regulation (EC) No. 1071 / 09 must not be exceeded."

3. paragraph 4 section 3:


"(3) the concession-holder uses less motor vehicles, are covered by the scope of the licence, so this requires no permission. However, the financial capacity is as long as no corresponding change of the scope of the licence is requested, continue to prove to the extent indicated in the licence. Restricting the scope of the licence, the surplus are, in accordance with Regulation (EC) immediately to the concession authority to give no. 1073/09 issued certified true copies of the Community licence."

4. paragraph 5 paragraph 1:

"(1) the licence may only be issued if in addition to the General prerequisites for the exercise of a regulated profession following requirements in accordance with article 3 Regulation (EC) No. 1071/09 met: 1 the reliability, 2. the financial capacity, 3. professional competence (qualification) and 4 a real and permanent establishment in Austria."

No. Z 1 to 4 also applies to not covered by Regulation (EC) 1071/09 covered trade. The applicant has also according to the intended scope of the licence (section 4), in the municipality of location envisaged or a directly adjacent community the necessary spaces outside of roads by public transport to have. All prerequisites must be during the entire duration of the commercial practice. These conditions are no longer fulfilled by the trader, the concession avoiding is so. The §§ 87 to 91 GewO 1994 remain unaffected. The competent Division of the provincial Chamber of Commerce is to urge before the granting of the licence, to give an opinion on the question of the efficiency of the operation."

5. paragraph 5 paragraph 2a to 5:

"(2a) excursion car commercial, sightseeing tours commercial and rental car business with buses, the conditions referred to in paragraph 1 Z 1 to 4 of the competent for the granting of the concession are at least every five years from the granting of licence to prove." Checks in the context of the issue of a Community licence in accordance with article 4 of Regulation (EC) No 1073/09 apply as a review of the conditions referred to in paragraph 1 Z 1 to 4.

(3) the reliability is, apart from the in article 6 paragraph 1 Regulation (EC) No. 1071/09 cases, in particular then not given, 1 convicted the applicant, eligible to trade or the Transport Manager by a court to imprisonment exceeding three months or to a fine of more than 180 daily rates, as long as the conviction is expunged, nor is subject to the restriction of information extracted from criminal records (sections 1 to 6 eradication Act 1972 , BGBl. No. 68), or 2. the authorisation to engage in the passenger transport sector legally deprived the applicant, to the business owner or the Transport Manager due to the regulations or 3. the applicant, the legitimate commercial or the traffic controllers because of serious offences against the rules about a) for the profession of applicable pay and working conditions, or b) passenger transport, in particular the driving and rest periods of drivers , the weights and dimensions of motor vehicles and the safety in road transport and motor vehicles, the environmental protection as well as the regulations on the professional obligations, was legally punished.

(4) the financial capacity for the taxi industry, the car industry with passenger cars, and the Guest car industry exercised with buses is given, when available the financial resources necessary for the proper operation and management of the company. Regulation of Federal Minister / the Federal Ministry of transport, to define innovation and technology are to pulling up the assessment of the financial viability for the proper operation and management of the company business data, where the economic situation of the company should be clearly marked, and the financial resources needed. The financial capacity of the excursion car industry, of the sightseeing industry and the car industry with buses is given if the requirements pursuant to article 7 of Regulation (EC) No. 1071/09 are available and no significant residue on taxes or contributions to social security are owed from entrepreneurial activity. The Federal Minister / the Federal Minister for transport, innovation and technology may lay down further provisions relating to the proof of financial capacity by regulation.

(5) the condition of professional competence (qualification) for the excursion car industry, the sightseeing industry and the car industry bus is identified by a certificate in accordance with annex III to Regulation (EC) no 1071/09 about the successful passing of an examination before a Committee, by the Governor / is appointed by the Governor. The design of the certificate (security features) is through regulation the Minister / the Federal Ministry of transport, to define innovation and technology. The § § 1994 are 18 and 19 GewO does not apply."

6. after article 5, paragraph 5, the following new paragraph 5a is inserted:

"(5a) the condition of professional competence (qualification) for the taxi industry, the car industry with passenger cars, and the Guest car industry exercised with buses is evidenced by 1 a certificate referred to in paragraph 8 Z 5 of the successful passing of an examination before a Committee, by the Governor / is appointed by the Governor, or 2. a certificate of the examination Board on the basis of University, college or trade school diplomas and other certificates" , ensure the thorough knowledge of the areas of the examination within the meaning of paragraph 8 Z 1. Through the University, College and trade school diplomas and other certificates covered all fields covered by the audit, the certificate replaced the examination within the meaning of no. 1 only for those subjects for which thorough knowledge are guaranteed due to the University, college or trade school diplomas and other certificates.

An at least three years professional work in each targeted industry itself or in a business in which this industry together with other trades is exercised, or in one is in addition to prove professionally related profession through a confirmation of a social security institution to the trade in the taxi industry and the car industry with passenger cars. Certificates on a slight employment relationship within the meaning of § 5 para 2 General Social Security Act, Federal Law Gazette No. 189/1955, can are not counted towards the minimum three years professional work. The § § 1994 are 18 and 19 GewO does not apply."

7 paragraph 5 paragraph 6:

"(6) the examination committees are of the Governor / to be appointed by the Governor." In these commissions, the Governor / the Governor has two people who exert the industry concerned as a business owner or tenant for at least three years without interruption or in this industry as Managing Director, ebensolange without interruption are Filialgeschäftsführer or transport Manager Active, to rely on the basis of a proposal from the competent professional group. In the commissions are also taking into account the subjects of the examination two more experts to rely; the appeal of one of these professionals is of the Governor / made by the Governor on the basis of a proposal from the competent Chamber of labour. Proposals not filed within a period of four weeks, the Governor the Governor has to undertake the respective appeal after consulting the defaulting authority. To the Chairman of the Commission the Governor / the Governor has to appoint a suitable public servants of the higher service for this task."

8 paragraph 5 paragraph 8:

"(8) the Minister of the Federal Minister for transport, innovation and technology has the subjects of the examination for the taxi industry, taking into consideration on the current state of development of the relevant industry, to by persons who use the services of the industry claim, usually demands, threats to life, health or property, which assume the exercise of commercial, on the special legal regime governing trade, by regulation 1 , the car rental industry with passenger cars and the Guest car industry exercised with buses, 2. the shape and duration of the test, 3. the requirements for Auditors, 4. more detailed provisions on the timing of the appointments, 5. to be issued certificates for the taxi industry, the car industry with passenger cars, and the Guest car industry exercised with buses after paragraph 5a, 6 more detailed provisions about the repetition of the exam, 7.

the University, College and trade school diplomas and other certificates, no. 1071/09 for the excursion car industry, the sightseeing industry and the car industry with buses or in the sense of no. 1 for the taxi industry, the car industry with passenger cars, and the Guest car industry exercised with buses ensuring thorough knowledge of the subjects in the categories set out in annex I of to Regulation (EC), 8 of the specimen to be paid, the special examination fee corresponding to administrative expenses including reasonable compensation of the members of the examination Board ", which are taken into consideration also on the economic conditions of the test specimen, 9 from examination fees to be paid adequate compensation of the members of the examination Board, as well as 10 to set the conditions for the reimbursement of the examination fee not passing or partial passing of the examination as well as the back zuzahlenden examination fee."

9. According to § 6 the following section 6a together with heading shall be inserted:

"Transport Manager

§ 6a. (1) for each company of the excursion car industry, of the sightseeing industry and of the car rental industry with buses, a Transport Manager to the licence-issuing authority is appointed. The naming decision by the concession authority is the person fulfils the conditions referred to in article 4 of Regulation (EC) No. 1071/09, to approve. If another person as a Transport Manager is named, an individual obtained a licence in accordance with section 5, is regarded as transport Manager; is a company order a trade Managing Director according to § 39 1994 administrative decision approved GewO by the authority, as it applies at least as transport Manager; a permit approval is not required in these cases. The inclusion of commercial exercise without transport Manager is not permitted.

(2) is found, that an entrepreneur or a CEO, who is also head of traffic, reliability no longer exists, anyway, in accordance with article 14 of Regulation (EC) No. 1071/09 decision to pronounce, that person is unfit to manage the transport activities of an enterprise.

(3) Transport Manager are to wear no. 3 of the licence-issuing authority in the company register of traffic offenders pursuant to article 18a, paragraph 3.

(4) the provisions of article 13 paragraph 1 lit. No 1071/09 apply (a) Regulation (EC) without prejudice to the provisions of §§ 41 to 45 GewO 1994 Fort operating rights."

10 section 7 does not apply:

11 paragraph 3 deleted § 10.

12 paragraph 11 paragraph 1:

"(1) the commercial transport of persons with motor vehicles of places that lie outside the Federal territory in the Federal territory by the Federal territory through or from within the Federal territory places abroad, comes out the persons entitled according to paragraphs 2 and 7 also entrepreneurs, who are authorized by the force in the State of the location of the company statutory provisions for the transport of persons and owner of 1 Community authorisation in accordance with Regulation (EC) No. 1073 / 09 or 2. approval of the Federal Minister /" the Federal Minister for transport, innovation and technology for the traffic to, through and from Austria or 3. approval as a result of the land transport agreement between the European Community and the Swiss Confederation on the freight and passenger transport on rail and road (land transport agreement with Switzerland), OJ No. L 114 of the 30.04.2002 p. 91, as last amended by decision No 1 / 2009, OJ No. L 273 of October 17, 2009 allocated page 15, or 4 on the basis of agreements between States in accordance with article 12 consent the Federal Minister of the Federal Ministry of transport, innovation and technology, or 5 approval based on the Convention on the passenger transport in the international occasional carriage and bus (INTERBUS Agreement), OJ No L 321 of 26.11.2002 p. 13, as last amended by decision No 1 / 2011, OJ P. 38, are no. L of 8 of 1 or perform a permit-free opportunity ride pursuant to a right referred to in Nos. 4 and 5, or on the basis of the Federal law of October 1, 1987, to the implementation of the Convention on public transport in the international occasional services by coach and bus, Federal Law Gazette No. 17/1987 (ASOR implementation Act), Federal Law Gazette 521/1987,."

13. pursuant to section 11, the following new section 11a and heading shall be inserted:

"Community licence

section 11a. (1) the Community licence in accordance with § 11 para. 1 No. 1 and the certified copies in accordance with article 11, paragraph 1 Z 1 conform to the model in annex II of to Regulation (EC) No. 1073/09. The design of the Community licence (security features) is through regulation the Minister / the Federal Ministry of transport, to define innovation and technology.

(2) the Community licence is issued for the duration of five years.

(3) the serial number of the Community licence and the certified true copies to enter are in accordance with article 18a par. 3 in the transport business register, must consist of Latin letters and Arabic numerals. Serial number must begin with the letters "AT", then a hyphen followed by one or two letters as the name of the authority issuing the Community licence or the certified copy. A hyphen, the letter "P", a hyphen, the last two digits of the year of the year of issue of the Community licence, a further hyphen and then a sequential number of the issue, have related to the name of the authority on the year of issue to follow as a four-digit number; in the case of a certified copy, the number of the copy as a four-digit number is to add in addition after a further hyphen. Spaces in the serial number are not allowed; the output numbers and the numbers of copies are run according to the pattern of "0001" to "9999".

(4) as the name of the Authority (para. 2), the following letters are to use: - for the Governor the Governor of Burgenland: B - for the Governor the Governor of Carinthia: K - for the Governor the Governor of lower Austria: N - for the Governor, the Landeshauptmann of Upper Austria: O - for the Governor the Governor of Salzburg: S - for the Governor the Governor of Styria: ST - for the Governor the Governor of Tyrol ": T - for the Governor the Governor of Vorarlberg: V - for the Governor the Governor of Vienna: controlled case, the community license and all copies immediately to the concession authority are W. (5) apart from that in § 4 para 3 to give up if 1 the business permission according to § 85 GewO 1994 ends or 2. the concession due to failure to comply with the licensing requirements pursuant to § 5 para 1 is withdrawn."

14 paragraph 12 paragraph 1:

"(1) agreements with third countries relating to the cross-border carriage of persons pursuant to § 11 of this Act, or for the cross-border carriage of persons pursuant to § 32 para 4 Z 14 GewO 1994 (not line-moderate person transport) can be closed on the basis of this federal law, if required by the scope of the international movement of persons. In the agreements is to provide, in particular, for cars with foreign number plates on the basis of reciprocity, to conduct trips through and from Austria. There are, if quotas are set to take account of the traffic and economic interests of in Austria. The issue of quotas can be made also by the respective Contracting Party."

15 paragraph 14 paragraph 5:

"" (5) the approved tariffs are in the affected country Government Gazette, for approval by the Federal Minister / the Federal Minister for transport, innovation and technology in the Amtsblatt zur Wiener Zeitung "published."

16 § 14a para 5 is as follows:

"(5) for handlebar listed in § 14 d, a driver qualification certificate for a period of five years is by the authority to exhibit if a proof of a qualification or training is presented. The Federal Minister / the Federal Minister for transport, innovation and technology is shaped by regulation, to assess the content and the approach to the exhibition of the driver qualification proof."

17 paragraph 15 paragraph 1:

"(1) except in accordance with the V. commits an administrative offence, which fined be punished up to 7 267 euros, it is who as contractor 1 increased the number of vehicles without permission according to § 4 paragraph 2; showpiece of the GewO 1994 to committed administrative offences

2. § 10 contravenes;

3. a transport in accordance with article 11, paragraph 1 performs Z 2 without the required permission;

4. in accordance with § 14 set tariffs does not comply;

5. other than it does not comply these instructions or prohibitions of this Federal Act or of the regulations adopted on the basis of this Federal Act in Z 1 to 4;

6. not ensuring that led with no. of 1073/09 required certified true copy of the Community licence or the journey form referred to in Regulation (EC);

7.

other instructions or prohibitions of Regulation (EC) no 1071/09 and the Regulation (EC) No. 1073/09 or other directly applicable provisions of the European Union on the movement of persons on the street violates;

8. not ensuring that the necessary permits or certificates in accordance with the agreement on land transport with Switzerland or in accordance with the agreements No. 17/1987 (ASOR implementation Act), Federal Law Gazette 521/1987, be carried according to § 12 or in accordance with the INTERBUS Agreement or the Federal law of October 1, 1987, to the implementation of the Convention on public transport in the international occasional services by coach and bus, BGBl.."

18 paragraph 15 paragraph 4 and 5:

"(4) punishable according to para 1 Nos. 3, 6 and 8 is an entrepreneur if he violates the obligations abroad. Jurisdiction case is the authority in whose area the handlebars during a roadside check will enter, otherwise the authority in whose area was crossing the border in the Federal territory. The downfall also represents a most serious violation referred to in annex IV of to Regulation (EC) no 1071/09, is to inform the competent authority of the Member State of establishment.

(5) an administrative offence which is punishable up to 726 euro with a fine commits, who reneges on instructions or prohibitions of the Federal Act or of the regulations adopted on the basis of this Federal Act as bar 1;

2. an in accordance with Regulation (EC) No. of 1073/09 required copy of the Community licence or the journey form is not carrying or not presents the authorities upon request;

3. other instructions or prohibitions of Regulation (EC) no 1071/09 and the Regulation (EC) No. 1073/09 violates;

4. the necessary permits or certificates in accordance with the agreement on land transport with Switzerland or in accordance with the agreements according to § 12 or in accordance with the inter bus agreement or the Federal law of October 1, 1987, to the implementation of the Convention on the passenger transport in the international occasional services by coach and bus, BGBl. not carry no. 17/1987 (ASOR implementation Act), Federal Law Gazette 521/1987, or not presents the control bodies upon request;

5. against other directly applicable European Union rules on the movement of persons is on the road."

19 8 be added following paragraph 7 and to article 15:

"(7) who as a self-employed driver 1 the maximum weekly working time according to § 18 exceed c, 2. that does not comply with prescribed rest periods according to § 18 d, 3 days, where he does a night job, exceeds the working day permitted pursuant to section 18e para 1 or 4. compensates for night work not in accordance with section 18e para 2, commits an administrative offence and is fined from 72 euro to 1 815" , to punish 1 815 euro in case of repetition of 145 euro.

(8) who hurt the recording or retention obligation as a self-employed driver in accordance with § 18f, commits an administrative offence and is fined 72 euros up to EUR 1 000 in case of repetition of 145 euros up to EUR 1 500 to punish."

20 paragraph 16 paragraph 1:

"(1) the Governor the Governor is responsible for the granting of licences for the operation of the Ausflugswagen-(Stadtrundfahrten-)Gewerbes (§ 3 para 1 No. 1) and the car industry (article 3, paragraph 1 Z 2) as well as for the issue and withdrawal of community licences allocated to these concessions pursuant to Regulation (EC) No. 1073 / 09."

21 paragraph 16 paragraph 3:

"(3) the licence-issuing authority is also responsible for: 1. the licence revocation procedures;"

2. the approval and the revocation of appointment of a Managing Director;

3. the approval and revocation of the order of Filialgeschäftsführers for the practice of the trade in a more permanent establishment;

4. the revocation of the transfer of the exercise of a trade at a tenant;

5. the enforcement of sections 46 to 48 of the GewO 1994;

6 checks within the meaning of article 19 paragraph 2 Regulation (EC) No. 1073/09;

7 the following measures regarding the Transport Manager for the excursion car commercial, the sightseeing industry and the car industry bus: a) the approval of the naming of a transport manager pursuant to section 6 (a);

(b) the review in accordance with article 11 Regulation (EC) no 1071/09, if a Transport Manager, if doubts about the reliability of a company, was at the time the application in a Member State declared unsuitable.

(c) the Declaration referred to in article 14 Regulation (EC) no 1071/09, that a Transport Manager is not suitable, the transport activities of an organization to conduct;

8. the registration of the relevant data in the transport business register according to § 18a, as well as its rectification, delivery and deletion;

9. the message to the Federal Ministry for transport, innovation and technology in accordance with article 26 paragraph 1 lit. b and c Regulation (EC) no 1071/09 and in accordance with article 28 paragraph 4 Regulation (EC) No. 1073/09 of the excursion car industry, the sightseeing industry and the car rental sector with buses on a) the number of granted, suspended and withdrawn passenger transport licences, as well as the indication of the reasons which have led to this decision, broken down by year and type, b) the number of announcements that a Transport Manager is not suitable , the transport activities of an enterprise to guide, as well as the indication of the reasons which have led to this decision, broken down by year and type, c) the number of certificates of professional competence, and d granted each year) the number of community licences on December 31 of the previous year in circulation and certified true copies, where reporting until the released of the following year in the Federal Ministry of transport ", Innovation and technology must be received."

22 paragraph 17:

"article 17. About article 24 Regulation (EC) Regulation (EC) No. 1073 / 09 beyond the mutual administrative and mutual legal assistance agreement remain upright no 1071/09 and article 20."

23 paragraph 18:

'(1) as far as other federal laws is referenced in this federal law provisions, they are, unless otherwise explicitly arranged to apply in their up-to-date version.

(2) as far as the land transport agreement with Switzerland are referenced in this federal law, the agreement between the European Community and the Swiss Confederation on the freight and passenger transport on rail and road, OJ is No. L 114 of 30.4.2002, S 91, to apply.

(3) as far as the INTERBUS Agreement are referenced in this Federal Act, the Convention on the passenger transport in the international occasional services with buses, OJ is No.  L 321 of 26.11.2002, S 11, apply.

(4) as far as this federal law refers the Directive 2003/59/EC, Directive 2003/59/EC of the European Parliament and of the Council of the 15.07.2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers by road, and amending Regulation (EEC) is no 3820/85 of the Council and Directive 91/439/EEC and repealing Council Directive 76/914/EEC directive , OJ No. L 226 of the 10.09.2003, p. 4, as amended by Directive 2004/66/EC of 26.04.2004, OJ No. L 168 of the 01.05.2004, p. 35, to be applied.

(5) as far as this federal law No. 1071/09 refers to Regulation (EC), Regulation (EC) is no. of 1071/2009 establishing common rules for admission to the occupation of road transport operator and repealing Directive 96/26/EC of the Council, OJ No. L 300 from November 14, 2009 p. 51, to apply.

(6) where in this Federal Act No. 1073/09 refers to Regulation (EC), Regulation (EC) is no. 561/2006, OJ No. 1073/2009 on common rules for access to the international road haulage market, and amending Regulation (EC) No. L 300 from November 14, 2009 pp. 88, to apply."

24 section IV is a section called "VI" and the following new sections IV and V together with the headings are inserted after section III:

'SECTION IV

Acquisition of transport companies

Transport business register


§ 18a. (1) the Federal Minister / the Federal Minister for transport, innovation and technology has an automation-supported central transport business register in accordance with article 16 Regulation (EC) to lead No. 1071/09 Federal Data Center GmbH. The passenger transport company licensed in Germany for the Ausflugswagen-(Stadtrundfahrten-)Gewerbe and the car industry and bus-powered are recorded in the register. The register is kept for storing data required, have to be able to determine which passenger transport company over a concession, which transport Manager or legal representative for this company were ordered, what kind of licensing these companies have for what number of motor vehicles, the licence was granted, where appropriate, the serial number of the Community licence and the certified copies in accordance with article 4 Regulation (EC) No. 1073 / 09 also in the register is also the number , Category and type of serious infringements in accordance with § 5 para 3 Z 3 and the names of the persons declared to be unfit, the transport activities of an enterprise to guide, to capture.

(2) having competent authority and the competent criminal authorities according to § 16 para 3 to submit the required data online through a secure data connection to Federal Data Center GmbH.

(3) the following data must be in accordance with article 16 para 2 No. 1071/09 in the transport business register Regulation (EC): 1. the name and legal form of the company;

2. the address of the establishment;

3. names of the transport managers designated to meet the requirements in terms of reliability and professional suitability, or a legal representative, if any;

4. type of concession and number of vehicles for which the concession was granted and, where appropriate, number of the Community licence and the certified copies;

5. number, category and type of in § 5 para 3 Z 3 serious violations referred to, which in the preceding two years to run a final conviction or punishment;

6 names of people who were declared unfit to manage the transport activities of an enterprise, as long as the reliability of the person concerned has not been restored as transport Manager.

(4) the authorities according to § 16 para 3 can access the respectively relevant data and use them. The transport business register has to carry out a complete logging of all data queries, from the visible, what data from the business register of the traffic transmitted what person. This log data is to store and three years after the creation of the data to delete.

(5) in addition to the data referred to in paragraph 3 the following data in the transport business register have to be: 1. for natural persons date of birth;

2. number, date and country of issue of the certificate of professional competence of the Transport Manager;

3. if applicable, the registration number of the carrier.

(6) information from the register are to provide by way of remote data access: 1 the institutions of federal, the Länder and the municipalities, as far as they need them for the exercise of their legal functions, and 2. the competent authorities of other States, unless such an obligation, arising from this federal law from directly applicable Community law or other intergovernmental agreements.

(7) the data referred to in paragraph 3 are publicly accessible Z 1 to 4.

SECTION V

Working time of self-employed drivers

Definitions

Article 18 b. For the purposes of this Federal Act 1 self-employed drivers, it means: all persons whose working primarily with Community licence or any other profession-specific transport empowerment professional to passengers with buses, the) are authorized to work on their own account, b) are bound not by an employment contract or a different hierarchical relationship of dependence on an employer, c) have the necessary free design scope for the exercise of the activity in question , d) whose incomes depend directly on the achieved profits and e) have the freedom, individually or through a cooperation between self-employed drivers to maintain business relations with several customers;

2. workplace: a) the location of the principal place of business of the company for that of self-employed drivers is working, and its various branches, whether they now coincide with its place of business or its principal place of business or not, b) the vehicle used for self-employed drivers work and c) any other place where the activities associated with the movement of the run;

3. working time: the amount of time between the beginning and end of the work, in which the self-employed drivers located at his place of work, which is available to customers, and during which he exercises his functions or activities; This includes not general administrative activities that have no direct connection with the currently executing specific transport operation, and the rest periods according to § 18; d

4 week: the period from Monday 00: 00 to Sunday 24:00;

5. working day: the working hours within a continuous period of twenty-four hours;

6. night time: the time between 00: 00 and 04:00;

7 night work: any work carried out during the night time.

Maximum weekly working time

§ 18c. The average weekly working time of self-employed driver may not exceed 48 hours. The maximum weekly working time may be up to 60 hours if the weekly average does not exceed over a period of six months to 48 hours.

Rest breaks

§ 18 d. (1) the working day of a self-employed driver is 1 for a maximum period of between six and nine hours by a break of at least 30 minutes, 2 for a total period of more than nine hours by a break of at least 45 minutes, to interrupt. The rest is to comply not later than after six hours.

(2) the rest period can be divided into several parts by at least 15 minutes.

(3) in the case of Division of the rest period referred to in paragraph 2, the first part is for at least six hours to comply.

Night work

section 18e. (1) the working day of a self-employed driver must not exceed ten hours on days where it is performing night work.

(2) the self-employed drivers has to compensate for night work within 14 days by an extension of a daily or weekly rest period to the extent of the work of the night.

Recording obligations

§ 18f. Each independent drivers has to keep a record of the time he has done and to keep them for at least 2 years. These records are prompted no blockage and ordered to date to make the authority."

25. in article 19 the following new paragraph 6 is added:

"(6) natural persons to whom a licence pursuant to § 5 was granted before December 4, 2011 considered transport manager within the meaning of article 4 Regulation (EC) no 1071/09. A trade Managing Director in accordance with section 39 order is in a company GewO 1994 at the time of entry into force of this Act, as amended by Federal Law Gazette I no. 32/2013, the authority administrative decision have been approved, so this applies at least as transport Manager. Companies that have no Transport Manager named at the time of entry into force of this Act, must name within one month. a Transport Manager"

26 paragraph 22 No. 1: "1. Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 to regulate the working time of persons performing activities in the area of road transport, OJ" No. L 80 of the 23.03.2002, S. 35;"

Article 3

Modification of the force driving line law - KflG

The Federal Act on the moderate line transport of persons with motor vehicles (motor vehicles line Act - KflG), Federal Law Gazette I no. 203/1999, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents, the term "§ 4a transport business register" is inserted in section I.

2. in the table of contents, the designation is in section II "section 8 requirements of reliability, professional competence and financial performance" by the designation "section 8 conditions for the exercise of the profession of road transport operator" replaced.

3. in the table of contents, the term "paragraph 8a of the Community licence" is inserted in section II.

4. in the table of contents is in section II the name "§ 10 professional competence, certificates of their proof, examination boards, managers" by the designation "§ 10 professional competence, attesting to their detection, examination boards" replaced.

5. in the table of contents, the term "Article 10a Transport Manager" is inserted in section II.

6. in the table of contents, the designation is in section II "section 18 deadline for commencing operations" by the designation "§ 18 operation" replaced.


7. in the table of contents, the designation is in section II "article 20 obligations of the holder of the authorization and the vehicle handlebars" by the designation "article 20 duties of the authorization holder, Director of traffic and vehicle handlebar" replaced.

8. in the table of contents, the entry for section 30 does not apply in section III.

9. in the table of contents entry to article 55 does not apply in section VI.

10th is in the table of contents for section VI the following "section VII" with the heading 'Working time of self-employed drivers', and the names "article 56 scope", "§ 57 definitions", "section 58 maximum weekly working time", "§ 59 breaks", "section 60 night work" and "§ 61 recording duty" added.

11 § 2 para 2 Z 5 is: "5. the designation of the Transport Manager (Article 10a), as well as particulars and documents to assess whether this reliable and professionally suitable is;"

12. in article 3, paragraph 1, the term "provincial Governor" by the term "The Governor or the Governor" and the designation "the Governor" be replaced by the designation "with the Governor or the Governor".

13. in section 3, paragraph 2, the designation "of the Federal Minister for transport, innovation and technology" is replaced by the designation "The Federal Minister or the Federal Ministry for transport, innovation and technology".

14. in article 3, para. 3 the term "Governor" is replaced by the designation "The Governor or the Governor".

15. after article 3, paragraph 3, the following paragraph 4 is inserted:

"(4) the Governor or the Governor have paragraph 1 the Federal Ministry for transport, innovation and technology in accordance with article 26 lit. b and c of to Regulation (EC) no 1071/2009 and referred to in article 28 paragraph 4 of Regulation (EC) No. 1073/2009 regarding the messages within their competence following falling power line carriers to submit: a) the number of granted and withdrawn approvals to the occupation of road transport operator, as well as the indication of the reasons which have led to this decision, broken down by year and type, and b) the number of announcements "the number of certificates issued each year on the professional suitability, and d) until at the latest on 31 January of the following year the number of up to 31 December of the preceding year in circulation community licenses and the copies certified."

16. According to § 4, 4a the following paragraph and heading shall be inserted:

"Transport business register

Section 4a. (1) the Minister or the Federal Ministry for transport, innovation and technology has an automation-supported central transport business register in the sense to conduct referred to in article 16 of Regulation (EC) no 1071/2009 of Federal Data Center GmbH. In the register collects approved companies in the domestic to the occupation of road transport operator. The register is kept for the storage of data, which are necessary to determine which person hauliers over have a concession, which were ordered Transport Manager or legal representative for this company, what kind of licensing these companies have, where appropriate, the serial number of the Community licence and the certified copies. The number, category and type of serious infringements in accordance with article 9, paragraph 2 and the names of people who were declared unfit to manage the transport activities of an enterprise, are also in the register.

(2) the competent supervisory authority (article 3 para. 1 and 2) as well as the authorities of the administrative punishment (§ 47 para 1 to 4) have to submit the required data online through a secure data connection to Federal Data Center GmbH.

(3) the following data must be in accordance with article 16 para 2 No. 1071/2009 in the transport business register Regulation (EC): 1. the name and legal form of the company;

2. the address of the establishment;

3. names of the transport managers designated to meet the requirements in terms of reliability and professional suitability, or, if necessary, a legal representative of the company;

4. type of concession, number of motor vehicles used in the driving line road and, where appropriate, the serial number of the Community licence and the certified copies;

5. number, category and type of serious infringements referred to in article 9, paragraph 2, which resulted in the previous two years to a final conviction or punishment;

6. names of persons declared to be unfit to manage the transport activities of a company, as long as the reliability of the person concerned has not been restored.

4. the authorities referred to in paragraph 2 can access the respectively relevant data and use them. The transport business register has to carry out a complete logging of all data queries, from the visible, what data from the business register of the traffic transmitted what person. This log data is to store and three years after the creation of the data to delete.

(5) in addition to the data referred to in paragraph 3 the following data in the transport business register have to be: 1. for natural persons date of birth;

2. number, date and country of issue of the certificate of professional competence of the Transport Manager;

3. if applicable, the registration number of the carrier.

(6) information from the register are to provide by way of remote data access: 1. the organs of the Federal Government, countries and the communities, as far as they need them for the exercise of their legal functions, and 2. the competent authorities of other States, unless such an obligation, arising from this federal law from directly applicable European Union law or other intergovernmental agreements.

(7) the data referred to in paragraph 3 are publicly accessible Z 1 to 4."

17. in article 5, paragraph 1 Z 2 will replaces the label "the land Premiers" the label "the country main men and the wives of country".

18. in article 5, paragraph 1 Z 3 the labels are "the main compatriots" by the term "the country main men and the wives of country" and "the Federal Minister for transport, innovation and technology" replaced by the term "The Federal Minister or the Federal Ministry for transport, innovation and technology".

19 § 7 ABS. 1 Z 1 and 2 are:

"§ 7 (1) the licence shall be granted if: 1. the applicant or the Transport Manager provided for by Article 10a is reliable and technically suitable and the applicant has also the appropriate financial standing;"

2. the applicant as a natural person who has Austrian citizenship and the company (§ 1 para 2 No. 2) has its seat in Germany. Citizens and companies of other Member States of the European Union or an other party of the agreement on the European economic area are Austrian concession seekers equal footing;"

20 § 7 para 1 No. 4 lit. b is: "b) the requested power line traffic driving tasks of transport by the carrier in the transport sector (§ 14 para 1 to 3) the requested line falls, wholly or in part to compromise is suitable; This does not apply in the case of which would be endangering a power line traffic driving, which serves mainly tourist purposes, and the decision on its risk on the basis of the information of the konkurrenzierten carrier due to the reduced profitability of this line road driving alone, or"21 Article 8 together with the heading is as follows:

"Conditions for the exercise of the profession of road transport operator

8. (1) the existence of the conditions for the exercise of the profession of road transport operator within the meaning of article 3 of Regulation (EC) no 1071/2009, to examine 1 the reliability, 2 which is financial capacity, 3. the professional qualification and 4th of actual and permanent establishment in Germany, by the supervisory authority (article 3 para. 1 and 2) and admission to the occupation of road transport operator to approve.

(2) in paragraph 1 Z 1 to 4 listed conditions must be present during the entire duration of the authorization and are by the supervisory authority to check at least every five years and to determine the existence of another administrative decision. Checks in the context of the granting of a Community licence (article 4 of Regulation (EC) No 1073/2009) are considered checks within the meaning of this paragraph.

"(3) is the supervisory authority concludes that the company (§ 1 para 2 No. 2) one or more requirements of section 1 despite reasonable deadlines for the Elimination of this illegal State no longer satisfies, so has to evade the authorisation referred to in paragraph 1 and to revoke the permission to operate of a power line (§ 25)."

22 according to article 8, the following new paragraph 8a and heading shall be inserted:

"Community licence


§ 8a. (1) the Community licence and the certified copies referred to in article 4 of Regulation (EC) No 1073/2009 conform to the model in annex II to this regulation. The design of the Community licence is by regulation of the Federal Minister and the Federal Minister for transport, to define innovation and technology.

(2) the serial number of the Community licence and the certified true copies to enter are in accordance with § 4a section 3 in the transport business register, must consist of Latin letters and Arabic numerals. Serial number must begin with the letters "AT", then a hyphen followed by one or two letters as the name of the authority issuing the Community licence or the certified copy. A hyphen, the letter "P", a hyphen, the last two digits of the year of the year of issue of the Community licence, a further hyphen and then a sequential number of the issue, have related to the name of the authority on the year of issue to follow as a four-digit number; in the case of a certified copy, the number of the copy as a four-digit number is to add in addition after a further hyphen. Spaces in the serial number are not allowed; the output numbers and the numbers of copies are run according to the pattern of "0001" to "9999".

(3) as the name of the Authority (para. 2), the following letters are to use: - for the Governor or the Governor of Burgenland: B - for the Governor or the Governor of Carinthia: K - for the Governor or the Governor of lower Austria: N - for the Governor or the Governor of Upper Austria: O - for the Governor or the Governor of Salzburg: S - for the Governor or the Governor of Styria ": ST - for the Governor or the Governor of Tyrol: T - for the Governor or the Governor of Vorarlberg: V - for the Governor or the Governor of Vienna: W - for the Federal Minister or the Federal Ministry for transport, innovation and technology: M."

23 § 9 para 2 sentence and Z 1 are:

"(2) the passenger road transport operators (§ 1 para 2) or the Transport Manager (Article 10a) is to be regarded in particular then not more than reliable if 1 he was sentenced by a court to a term of imprisonment exceeding three months or to a fine of more than 180 daily rates, as long as the conviction is expunged, nor is subject to the restriction of information extracted from criminal records (sections 1 to 6 eradication Act 1972 (, BGBl. Nr. 68), or "24 § 9 para 2 No. 3 is:"(3. er Wegen schwerwiegender Verstöße a) against the the profession of applicable pay and working conditions, or b) against Community rules in article 6 par. 1 lit. " (b) of Regulation (EC) No. 1071/2009 sections referred to, legally punished."

25. the heading of section 10 is as follows:

"Professional ability, attesting to their detection, examination boards"

26 § 10 para 1 and 2 are:

"Section 10 (1) the condition of professional competence (§ 7 para 1 No. 1) is the supervisory authority through the certificate of passing an examination before an examination Board to prove." The examination Board has to free candidates which were covered by the examination syllabus for their university studies or the examination syllabus for their financial statements by universities of applied sciences or their examination at a vocational secondary school, or on the basis of other certificates on request on the basis of submitted evidence from examinations in specific areas.

(2) after passing the exam the exam Commission pursuant to annex III to Regulation (EC) issues a certificate of professional competence for the passenger transport no. 1071/2009. The design of the Community licence is by regulation of the Federal Minister and the Federal Minister for transport, to define innovation and technology."

27 in § 10 ABS. 3, Z 1 is replaced by the designation "by the Governor or the Governor" the designation "by the Governor".

28. in article 10, para. 3 subpara 1 lit. the term "Officials" a is replaced by the phrase "public servants".

29. in article 10, para. 3 Z 2 will replaces the label "the Governor" the label of "Of the Governor or the Governor".

30 paragraph 4 and 5 are eliminated § 10.

31. under section 10, the following article 10a and heading is inserted:

"Transport Manager

Article 10a. (1) the permission referrer has the authority pursuant to article 4 of Regulation (EC) No. 1071/2009 a Transport Manager to rename, if he does not meet the requirements of professional competence as a natural person, or if he is not a natural person. It has to meet the requirements of reliability and professional competence, constantly and actually to lead the force driving line and requires the approval of the supervisory authority.

(2) the date in accordance with § 10 paragraph 5 motor vehicles line Act, Federal Law Gazette I no. 203/1999, as amended by Federal Law Gazette I no. 50/2012, ordered managers apply as a transport manager within the meaning of paragraph 1.

(3) a company ordered more than a Transport Manager, the area of responsibility for each transport Manager separately to set."

32. paragraph 11:

"section 11. "The financial capacity (article 7, paragraph 1 Z 1) is given, if the conditions referred to in article 7 of Regulation (EC) No. 1071/2009 can be proved."

33. in article 13, para. 3, the designation "by the Governor" is replaced by the designation "by the Governor or by the Governor".

34. in article 13, paragraph 4, the term "Governor" is replaced by the designation "The Governor or the Governor".

35. in article 13, paragraph 5 called "the Governor" with the label "The Governor or the Governor", and the phrase is "the Federal Minister or the Federal Ministry for transport, innovation and technology its supervisory authority, this or this" "The Federal Minister for transport, innovation and technology its supervisory authority, also this is" by the phrase and the title of "The Governor" replaced by the designation "The Governor or the Governor".

36. in article 13, paragraph 6 are called "the Governor" with the label "The Governor or the Governor" and the phrase "so he has this" by the phrase "so he or she has this" and the phrase "the Federal Ministry of transport, innovation and technology, when he" by the phrase "the Federal Minister and the Federal Minister for transport, innovation and technology, if he or she" replaced.

37. the heading of section 18 is as follows:

"Start of operations"

38. the existing text of section 18 is named (1) and the following paragraph 2 is added:

"(2) citizens and companies of other Member States of the European Union or an other party of the agreement on the European economic area have to prove a headquarters or a permanent business establishment in the country before the operation (para. 1)."

39. the heading of article 20 reads:

"Obligations of the authorization holder, Director of traffic and vehicle handlebar"

40. § 20 para 1 subpara 1 lit. b and c are: "b) the provisions of Regulation (EC) No 1073/2009, c) the provisions of Regulation (EC) no 1071/2009 and" 41. According to article 20, paragraph 1, the following new paragraph 1a is inserted:

"(1a) the Transport Manager is permanent and actual management of the operation required to comply with the provisions cited in paragraph 1."

42. in paragraph, 21 introductory phrase is replaced by the designation of "of the Governor or the Governor" the designation of "of the Governor".

43. paragraph 21 No. 1: "1 the applicant for the authorization of admission to the occupation of road transport operator (§ 8 paragraph 1) as well as the candidate for a concession;"

44. paragraph 21 No. 4: "4. in the cases of the deprivation of the approval to the admission to the occupation of road transport operator (§ 8 para. 3), as well as the revocation of the authorization (article 18, paragraph 1 and article 25) the previous approval or concession-holder."

45. paragraph 23 paragraph 5:

"(5) on the concession holder the provisions of § 16 par. 2 Nos. 2-4, 22, 24, 28 para 3 and 4 and 29 paragraph 1 in this case does not apply."

46. paragraph 25:

"section 25. Except for withdrawal of the admission to the occupation of road transport operator (§ 8 para. 3), the authority may revoke the permission to operate of a power line also if the holder of the authorization repeatedly contravenes the provisions of § 20 para 1 despite at least two written warning. "Moreover the supervisory authority may withdraw the concession if due to fault of the concession holder of the operation of the power line is not absorbed up to the expiry of the period prescribed in the notice of concession (§ 18 para 1)."

47. paragraph 26:

"section 26. Of article 24 of Regulation (EC) 20 of Regulation (EC) No. 1073 / 2009 and beyond mutual administrative and mutual legal assistance agreement remain upright no 1071/2009 and articles."

48. paragraph 27 Z 5: '5. in the case of transfer of the concession (§ 28 para 3)' 49. § 28 para 1 and 2 are:


"Section 28 (1) in case of death of the holder of the authorization of sections 41 to 43 and trade regulations apply 1994, BGBl. No. 194, concerning the operation of Fort of the inheritance, the surviving spouse and the descendant with the proviso that the supervisory authority (article 3 para. 1 and 2) takes the place of the district administration authority, and the Fort operating right of a natural person ends after six months at the latest , if not previously a Transport Manager; in justified cases, the authority may permit an extension of this period to a maximum of three months.

(2) in the event of the incapacity of the holder of the authorization, who held the function of the Transport Manager, the trustee shall continue the operation more than six months. After a transport manager must be ordered where the supervisory authority may extend this period by three months."

50. the para 4 and 5 get the labels (3) and (4).

51. in paragraph 32, the term "the Federal Minister for social security, generations and consumer protection" is replaced by the designation "The Federal Minister or the Minister of economy, family and youth".

52. in article 33, paragraph 1, the designation "by the Governor" is replaced by the designation "by the Governor or by the Governor".

53. in article 33, paragraph 4, the term "Governor" is replaced by the designation "The Governor or the Governor".

54. in article 35, paragraph 1 the phrase "the Governor" as well, if this is supervisory authority, the Federal Minister for transport, innovation and technology will be replaced by the phrase "The Governor or the Governor as well, when is this or this supervisory authority, the Federal Minister or the Federal Minister for transport, innovation and technology".

55. in article 35, paragraph 4, the phrase "the Governor" is as well, if he's supervisory authority, the Federal Minister for transport, innovation and technology replaced by the phrase "The Governor or the Governor and, if he or she is the supervisory authority, the Minister or the Federal Minister for transport, innovation and technology".

56. in article 35, paragraph 5, the phrase "the Governor" is as well, if this is supervisory authority, the Federal Minister for transport, innovation and technology replaced by the phrase "The Governor or the Governor as well, when is this or this supervisory authority, the Federal Minister or the Federal Minister for transport, innovation and technology".

57. in article 36, paragraph 1, the phrase "by the Federal Ministry of transport, innovation and technology" is replaced by the phrase "by the Minister or by the Federal Minister for transport, innovation and technology".

58. § 36 para 3 Z 4 is: "4. the fares, if they are not separately made for cross-border services."

59. According to article 38, paragraph 1, the following paragraph 1a is inserted:

"(1a) If an existing power line or a part of thereof as call bus traffic to be carried, is the concession granted in accordance with § 1 para. 3 mutatis mutandis to change (§ 6)."

60. § 39 para 2 No. 4 is: "4. in the national road driving line, as well as in cross-border power line traffic driving, operated within the boundary zone, in exceptional cases also vehicles of the car rental industry operated with passenger cars due to special permission of the licensing authority." An area called frontier zone, which encompasses a radius of 30 km from the border crossing point each."

61. paragraph 40 paragraph 1:

"The quality and the effectiveness of the brakes and the Steering as well as the condition of the tyres are 40. (1) every three months under the responsibility of the holder of the authorization or transport Manager (Article 10a) or of the head of the operating service (section 41) under the assistance of appropriate specialists to check."

62. paragraph 41 paragraph 1:

"Article 41 (1) to maintain security of the power line operation and the care of the him after article 20 par. 1 Z 10 whether tasks can the companies a head of the operating service order."

63. § 41 para 2 subpara 2 is: '2 If more than 40 vehicles is regularly used in regular service and the contractor or the Transport Manager met not even the requirements of paragraph 3.'

64. § 42 para 1 sentence is:

"§ 42. (1) the contractor, the Transport Manager or the head of operation Office has to show the authority:"

65. § 42 para 3 sentence is:

"(3) the contractor or the Transport Manager message to make has the authority until the end of February for the previous calendar year:"

66. § 44a para 5 is as follows:

"(5) for handlebar listed in § 44, a driver qualification certificate for a period of five years is by the authority to exhibit if a proof of a qualification or training is presented. The Federal Minister or the Federal Ministry for transport, innovation and technology is shaped by regulation, to assess the content and the approach to the exhibition of the driver qualification proof."

67. in paragraph 44, para 2 is replaced by the designation "by the Governor or the Governor" the designation "by the Governor".

68. in section 44 para 2 subpara 2 replaces the designation "the Governor" the designation of "Of the Governor or the Governor".

69. in paragraph 44, b paragraph 3 is replaced by the designation "The Federal Minister or the Federal Ministry for transport, innovation and technology" the designation "Of the Federal Minister for transport, innovation and technology".

70. in section 44 c para 2 "of the Governor" by the name of "of the Governor or the Governor" are the name and the term "of the Federal Minister for transport, innovation and technology" replaced by the designation "of the Federal Minister and the Federal Minister for transport, innovation and technology".

71. in paragraph 44, c paragraph 3 is replaced the designation "Of the Federal Minister for transport, innovation and technology" by the designation "The Federal Minister or the Federal Ministry for transport, innovation and technology".

72. in article 45, paragraph 2, the term "by the Federal Ministry of transport, innovation and technology" is replaced by the designation "by the Minister or by the Federal Minister for transport, innovation and technology".

73. in article 46, paragraph 1, the term "of the Federal Minister for transport, innovation and technology" is replaced by the designation "of the Federal Minister and the Federal Minister for transport, innovation and technology".

74. § 46 para 1 No. 2 is: "2. the detailed rules on the assessment of professional competence and the form of proof of financial capacity." "(Nähere Bestimmungen über die Eignungsprüfung insbesondere hinsichtlich a) of the examination dates, b) registering for the examination and understanding of the exam, c) of University, College and trade school diplomas and other certificates, no. 1071/2009 replacing an examination on subjects of annex I of to Regulation (EC), d) the form and duration of the test, e) the examination fees and, where appropriate, to be repaid, as well as f) from examination fees to be paid reasonable compensation of members of the Committee;"

75. in article 46, paragraph 2, the term "Governor" is replaced by the designation "The Governor or the Governor".

76. paragraph 47 paragraph 1:

"Who commits as permission holder violates the provisions of § 20 para 1a the provisions of § 20 para 1 and as a Transport Manager, § 47. (1) an administrative offence and is to punish up to 7 267 euros by the district administrative authority with a fine of 726 euros."

77. in article 47, paragraph 4 of the 2nd movement is eliminated

78. paragraph 47 paragraph 7:

"(7) the contractor is liable for the drivers employed by him and traffic controllers imposed fines, other legal consequences measured in money and severally, the costs of the proceedings."

79. According to article 47 paragraph 7 be added following paragraph 8 and 9:

"(8) who hurt the recording or retention obligation as a self-employed driver in accordance with § 61, commits an administrative offence and is fined 72 euros up to EUR 1 000, to punish in case of repetition of 145 euros up to EUR 1 500.

(9) who as self-employed drivers 1 exceeds the maximum weekly working time according to § 58, 2. fails the rest periods prescribed in accordance with article 59, night work not in accordance with article 60, paragraph 2 compensates for 3 days where he performs night work exceeding permitted daily working time in accordance with article 60, paragraph 1 or 4, commits an administrative offence and is fined by 72 Euro 1 815 euro ", in case of repetition of 145 EUR to punish 1 815 euros."

80. § 49 para 2 and 3 are:

"(2) as far as this federal law No. 1071/2009 refers to Regulation (EC), Regulation (EC) is no. of 1071/2009 establishing common rules for admission to the occupation of road transport operator and repealing Directive 96/26/EC of the Council, OJ No. L 300 from November 14, 2009, to apply S. 51.


(3) where in this Federal Act No. 1073/2009 refers to Regulation (EC), Regulation (EC) is no. 561/2006, OJ No. 1073/2009 on common rules for access to the international road haulage market, and amending Regulation (EC) No. L 300 from November 14, 2009, to apply S. 88."

81. According to § 49 paragraph 5 the following paragraph 6 is added:

"(6) If this federal law on the Directive 2002/15/EC referenced, Directive 2002/15/EC is to regulate the working time of persons, activities in the area of road transport exercise, OJ" No. L 80 of the 23.03.2002 apply p. 35."

82. in paragraph 50, the designation "Of the Federal Minister for transport, innovation and technology" is replaced by the designation "The Federal Minister or the Federal Ministry for transport, innovation and technology".

83. in paragraph 54, the designation "of the Federal Minister for transport, innovation and technology" is replaced by the designation "The Federal Minister or the Federal Ministry for transport, innovation and technology".

84. paragraph 55 and heading are eliminated.

85. According to section VI the following section VII is added:

"Section VII

Working time of self-employed drivers

Scope

Article 56. The §§ 57 to 61 shall apply to the working time of self-employed drivers in the driving line road (§ 1 para 1), unless the line distance is more than 50 km.

Definitions

§ 57. For the purposes of this Federal Act 1 self-employed drivers, it means: all persons whose working primarily to carry passengers in the haulage line driving professional community licence or an other professional transport authorisation, the) are authorized to work on their own account, b) are bound not by an employment contract or a different hierarchical relationship of dependence on an employer c) have the necessary free design scope for the exercise of the activity in question , d) whose incomes depend directly on the achieved profits and e) have the freedom, individually or through a cooperation between self-employed drivers to maintain business relations with several customers;

2. workplace: a) the location of the principal place of business of the company for that of self-employed drivers is working, and its various branches, whether they now coincide with its place of business or its principal place of business or not, b) the vehicle used for self-employed drivers work and c) any other place where the activities associated with the movement of the run;

3. working time: the time span between beginning and end of the work, where the self-employed drivers resides at his place of work, is available to customers, and while exercising his functions or activities; This includes not general administrative activities that have no direct connection with the currently executing specific transport operation, and the rest periods referred to in section 59;

4 week: the period from Monday 00: 00 to Sunday 24:00;

5. working day: the working hours within a continuous period of twenty-four hours;

6. night time: the time between 00: 00 and 04:00;

7 night work: any work carried out during the night time.

Maximum weekly working time

section 58. The average weekly working time of self-employed driver may not exceed 48 hours. The maximum weekly working time may be up to 60 hours if the weekly average does not exceed over a period of six months to 48 hours.

Rest breaks

59. (1) is the daily working time of self-employed driver 1 for a maximum period of between six and nine hours by a break of at least 30 minutes, 2 for a total period of more than nine hours by a break of at least 45 minutes, to interrupt. The rest is to comply not later than after six hours.

(2) the rest period can be divided into several parts by at least 15 minutes.

(3) in the case of Division of the rest period referred to in paragraph 2, the first part is for at least six hours to comply.

Night work

60. (1) shall not exceed ten hours the daily working time of self-employed driver on days where it is performing night work.

(2) the self-employed drivers has to compensate for night work within 14 days by an extension of a daily or weekly rest period to the extent of the work of the night.

Recording obligations

section 61. Each independent drivers has to keep a record of the time he has done and to keep them for at least 2 years. These records are prompted no blockage and ordered to date to make the authority."

Fischer

Faymann